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On Some Problems of Bribery Judicial Identification

Author: LiDongHua
Tutor: ZhaoBaoCheng
School: China University of Political Science
Course: Criminal Law
Keywords: Accepting bribes Outline The interests of the non-material Be treated differently Common crime
CLC: D924.392
Type: Master's thesis
Year: 2010
Downloads: 91
Quote: 1
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Abstract


The crime of bribery is the most hidden of a job-related crimes. With the continuous development of society, the crime of bribery showing a diverse, intelligent, wide range of characteristics. It is not only ruining the mood of society, but also a threat to national regime. To crack down on the crime of bribery is the desire of the people. Because the complexity and diversity of the crime of bribery. In judicial practice, so, there is a big difference and confusion. A certain degree of taking bribes on theoretical issues were discussed on the part of the problems existing in Justice, in order to provide a reference for the judicial practice. This article about three thousand words, the main contents include the following four aspects: The first chapter is an overview of the crime of bribery. I highlighted the concept and composition of accepting bribes, according to three different criteria in theory the crime of bribery is divided into different types. The second chapter is the object of the crime of bribery. Particular bribery identified. Different points of view of the legal circles on the scope of bribery, and Chinese and foreign bribery criminal legislation were compared. That the definition of bribery should be done more broadly interpreted, non-material interests into the crime of accepting bribes object is necessary and feasible. The third chapter is the accepting bribes Accomplished and attempted. I analyzed Accomplished and attempted bribery standard six perspectives and new bribes and accepting bribes distinction that, on this basis, bribery and shoddy counterfeit goods, fake attempted, and proposed the author's point of view. The fourth chapter is the the common bribery of judicial determination. The author focuses on two main forms of the common crime of accepting bribes, national staff and non-state staff, national staff and their family members, close relatives common bribery. The author believes that the non-national staff and national staff, family members, close relatives can become an accomplice of the crime of bribery, family members, close relatives of the national staff involved in the bribery case was analyzed, as well as analysis of the common accepting bribes amount of crime identification of the problem, I believe that should consider joint crime based on its participation in the total amount of the crime of bribery case identified the amount of criminal responsibility.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Corruption and Bribery
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